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STEVENS v. DIV OF CRIMINAL

Index No. 151522/18. Appeal No. 14847-14847A. Case Nos. 2020-03746, 2021-00560.

206 A.D.3d 88 (2022)

169 N.Y.S.3d 1

2022 NY Slip Op 03062

In the Matter of TERRENCE STEVENS et al., Appellants, v. NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 5, 2022.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City (Doran J. Satanove, Joseph Evall and Lavi M. Ben Dor of counsel), and The Legal Aid Society, New York City (Terri Rosenblatt and James Pollock of counsel), for appellants.

Letitia James, Attorney General, New York City (Matthew W. Grieco and Steven C. Wu of counsel), for respondents.

Brendan Parent, NYU Grossman School of Medicine, New York City, amicus curiae.

WEBBER and HIGGITT, JJ., concur with GISCHE, J.P.; SINGH, J., dissents in a separate opinion in which OING, J., concurs.

OPINION OF THE COURT

In this appeal we are asked to consider whether the respondent agencies, as opposed to the New York State Legislature, had the authority to expand the use of the New York State DNA database for familial DNA searches in connection with law enforcement's investigation of crimes. We are not tasked with considering...

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